Dinesh Kumar Singh, J. - (1.) Heard Sri Kamal Krishna Roy, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. Appearing for the State.
(2.) The present writ petition has been filed seeking quashing of order dated 01/06/2017 passed by the State Government rejecting the application of the petitioners for their premature release and for issuing direction to respondent no. 1 to consider the application of the petitioners for premature release as per the provisions contained in Cr.P.C. and the Prisoners Release on Probation Act on the basis of their longest stay and good conduct. Further, a direction is prayed to be issued to the respondent No. 1 to frame policy for premature release of the prisoners undergoing sentence in jails of the State of Uttar Pradesh.
(3.) It is pleaded by the petitioners that on 18/10/1977 the petitioners had been convicted in ST No. 372 of 1977 under sections 147, 148, 307/149 and 302/149 IPC vide judgment dated 30/01/1980 and were sentenced with life imprisonment, against which an Appeal No. 271 of 1980 was preferred before High Court, wherein the sentence awarded was upheld. Consequently both the convicted prisoner/petitioners had undergone an interrupted imprisonment of 20 years 11 months and 2 days and uninterrupted imprisonment of 27 years 8 months and 25 days till 04/09/2016. The jail authorities had prepared the report in respect of the petitioners for the premature release in terms of the provisions contained in section 432 Cr. P.C. whereafter on 05/08/2016 the Senior Superintendent of Police, Central Jail, Naini, Allahabad had sent a letter to the Fourth Additional District and Sessions Judge, Allahabad requesting the Court to send its recommendation in respect of premature release of the petitioners to be sent to the Government which was communicated by the Court on 20/08/2016 to the effect that it had no objection to the release of the petitioners on the basis of their age and the period of sentence undergone. Even the District Probation Board and the Committee of the Inspector General, Prisons recommended the release of the petitioners under section 432 (2) of Cr.P.C. in the light of G.O. dated 06/09/2004 and the judgment of the Hon'ble Supreme Court in Lakshman Naskar vs Union of India and Others. Finally the matter was transmitted to the State Government where it was discussed and a letter was issued by the Joint Secretary, Government of U.P. to the Inspector General of Police of Prisons mentioning therein that the premature release of the petitioner was not proper because co-accused of the petitioners were still in jail. Thus, the applications of the petitioners for premature release were rejected vide impugned order dated 01/06/2017.;